Blacks Law Dict. 1st ed

78

APPEARANCE

APPARL5T HEIR

the facts, as well as the law, to a review and re visal; but a writ of error is of common law origin* and it removes nothing for re-examination but the law. 3 Dall. 321; 7 Cranch, 108. But appeal is sometimes used to denote the nat ure of appellate jurisdiction, as distinguished from original jurisdiction, without any particular re gard to the mode by which a cause is transmitted to a superior jurisdiction. 1 Gall. 5,12. In criminal practice. A formal accusa tion made by one private person against an other of having committed some heinous crime. 4 BL Comm. 312. Appeal was also the name given to thft proceeding in English law where a person, indicted of treason or felony, and arraigned for the same, confessed the fact before plea pleaded, and appealed, or accused others, his accomplices in the same crime, in order to obtain his pardon. In this case he was called an "approver" or "prover," and the party appealed or accused, the "appellee." 4 BL Comm. 330. In legislation. The act by which a mem ber of a legislative body who questions the correctness of a decision of the presiding of ficer, or "chair," procures a vote of the body upon the decision. In old French law. A mode of proceed ing in the lords' courts, where a party was dissatisfied with the judgment of the peers, which was by accusing them of having given a false or malicious judgment, and offering to make good the charge by the duel or com bat. This was called the "appeal of false judgment." Montesq. Esprit des Lois, liv. 28, c. 27. APPEAL BOND. The bond given on taking an appeal, by which the appellant binds himself to pay damages and costs if he fails to prosecute the appeal with effect. APPEALED. In a sense not strictly technical, this word may be used to signify the exercise by a party of the light to remove a litigation from one forum to another; as where he removes a suit involving the title to real estate from a justice's court to the common pleas. 8 Mete. (Mass.) 166. APPEAR. In practice. To be properly before a court; as a fact or matter of which it can take notice. To be in evidence; to be proved. " Maki n g it appear and proving ar« the same thing." Freem. 53. To be regularly in court; as a defendant in an action. See APPEARANCE. APPEARANCE. In practice. A com ing into court as party to a suit, whether as plaintiff or defendant.

means specially constructed or appropriated to their enjoyment, and that are enjoyed at intervals, leaving between these intervals no visible sign of their existence, such as a right of way, or right of drawing a seine upon the shore. 18 TST. J. Eq. 262. APPARENT HEIR. In English law. One whose right of inheritance is indefeasi ble, provided he outlive the ancestor. 2 Bl. Comm. 208. In Scotch law. He is theperson to whom the succession has actually opened. He is so called until his regular entry on the lands by service or infef tment on a precept of dare constat. APPARENT MATURITY. The ap parent maturity of a negotiable instrument payable at a particular time is the day on which, by its terms, it becomes due, or, when that is a holiday, the next business day. Civil Code Cal. § 3132. APPARITIO. In old practice. Appear ance; an appearance. Apparitio in judicio, an appearance in court. Bract, fol. 344. Post apparitionem, after appearance. Fleta, lib. 6, c. 10, § 25. APPARITOR. An officer or messenger employed to serve the process of the spir itual courts in England and summon offend ers. Cowell. In the civil law. An officer who waited upon a magistrate or superior officer, and executed his commands. Calvin.; Cod. 12, 53-57. APPARLEMENT. In old English law. Resemblance; likelihood; as apparlement of war. St. 2 Rich. II. st. 1, c. 6; Cowell. APPARURA. In old English law the apparura were furniture, implements, tackle, or apparel. Carucarum apparura, plow tackle. Cowell. APPEAL. In civil practice. The com plaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse. The removal of a cause from a court of inferior to one of superior jurisdiction, for the purpose of obtaining a review and re trial. 3 Dall. 821; 7 Cranch, 110; 10 Pet. 205; 14 Mass. 414; 1 Serg. & R. 78; 1 Bin. 219; 3 Bin. 48. The distinction between an appeal and a writ of error is that an appeal is a process of civil law origin, and removes a cause entirely, subjecting

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